Step 3: Common Clauses

“Child” includes biological, adopted, foster, stepchild; person to whom employee stands in loco parentis or is a legal guardian, or is a “de facto parent,” regardless of age or dependency status;

“Parent” includes biological, adopted, de facto or foster parent; stepparent; legal guardian of an employee or employee’s spouse; registered domestic partner, person who stood in loco parentis with the employee when a minor child; person to whom employee stands in loco parentis or is a legal guardian, or is a “de facto parent,” regardless of age or dependency status;

Notice Requirements: An employer may require employees to give reasonable notice of absence so long as such notice does not interfere with an employee’s lawful use of PSL An employer must notify employees regularly about their available PSL

Documentation: For absences “exceeding three days,” an employer may require certification use of PSL is for an authorized purpose, but such requirement may not result in “an unreasonable burden or expense” on employee and “may not exceed privacy or verification requirements” otherwise established by law. If verification is requested, an employee must provide it within a reasonable period of time during or after the leave.

Replacement Requirement: Prohibited. An employer may not require that an employee search for or find a replacement to cover the hours during which the employee is using PSL.

Termination of Employment: No requirement to pay employee for unused PSL if employment terminates for any reason. If employee is rehired within 12 months, accrued but unused PSL is reinstated.

Employer Prohibitions: Employer may not discriminate or retaliate against an employee for employee’s exercise of rights under the PSL law, including making a complaint or because employee has instituted or is about to institute a PSL proceeding or because employee has testified or is about to testify in any such proceeded. Employer who violates this provision may be guilty of a gross misdemeanor.

An employer may not have a policy that counts the use of PSL as an absence that may lead to or result in discipline or discharge.

Enforcement: By both private right of action or by complaint to the state Department of Labor and Industries. This department must adopt and implement rules to carry out and enforce the PSL law.

Relationship to Other Laws/Agreements:

PSL law establishes “minimum standards” and is in addition to any other legal requirements

Step 4: Unique Provisions

A rule of construction: The provisions of this act are to be liberally construed to effectuate its intent, policies and purposes.

An anti-preemption provision: Local jurisdictions are not precluded from enacting additional local fair labor standards that are more favorable to employees, including more generous PSL requirements.